How can we get a neighbor to remove a fence that has been on our property for years?

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How can we get a neighbor to remove a fence that has been on our property for years?

Our neighbor has had a fence over our property line for about 20 years. Its now an issue and he refuses to move it saying its for his privacy. What do I do? This was never an issue until now that we are tryng to make additions to our home. He kept threatening to call the city and file a complaint. Now won’t even let workers get over the gate to out own property.

Asked on September 3, 2010 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You will probably need to do to court. The fact that the fence has been there for many years does not necessarily give the neighbor a right to have it there (though there are some circumstances under which he could have acquired that right); however, cases where there are competing rights are ones that need to be resolved in court. You should consult with a real estate attorney, bringing with all documents relating to boundaries (e.g. deed, survey, etc.) and any/all correspondence with the neighbor; the attorney can evaluate the case and let you know your optitons. I suspect that, assuming the neighbor does not have the right to do what he is doing, you will need to sue him to get a court order forcing him to dismantle the fence.


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